Case Of Judicial Review Of Zoninging
A. Standard of Review In judicial review of zoning matters . . . the correct test to be applied is whether the issue before the administrative body is fairly debatable, that is, whether its determination is based upon evidence from which reasonable persons could come to different conclusions. . . . For its conclusion to be fairly debatable, the administrative agency overseeing the variance decision must have substantial evidence on the record supporting its decision. White v. North, 356 Md. 31, 44 (1999) (quotations and citations omitted). Indeed, we will not hesitate to “correct illegal actions and those which are arbitrary and unreasonable . . . , but [we] will not substitute [our] own independent examination of or [our] own judgment
Case Study: Stanko V. Montana Highways
554 Words | 3 PagesFacts: Rudy Stanko was driving on the Montana State Highway 200 when he was pulled over by Officer Kenneth Breidenbach, a member of the Montana Highway Patrol. Stanko had been driving his vehicle at a steady 85 miles per hour at a location that was “narrow, had no shoulders, and was broken up by an occasional frost heave.” This location also included curves and hills which obscured vision of the roadway head. The actual roadway held no other drivers at this time during the day. Stanko had been driving his new 1996 Chevrolet Camaro, with brakes, tires, and a steering wheel that were all in perfect operating conditions.
What Is The Case Of Johnson V. Laverkin City Case Brief
544 Words | 3 PagesIn the case of Johnson v. Laverkin City, a married police officer was punished for having an affair with another married officer from another department while attending a training conference. Sharon Johnson was a police officer for the Laverkin City Police Department. While employed, Ms. Johnson separated from her husband and filed for divorce in 2003. Her husband reacted negatively by violating a protective order and threatening to kill himself and her. While dealing with the divorce, Ms. Johnson was sent to a police training conference and while she was there, she had an affair with another officer that was from a different department.
Watts V. Chicago Supreme Court Case Study
658 Words | 3 PagesRonald Watts, 48 years old, a District tactical sergeant, and a patrol officer named Kallatt Mohammed, 47 years old, were both parts of the 2nd District tactical team in the Chicago Police Department. On the eve of February 13, 2012, both officers were formally charged in the U.S. District Court of Chicago by the Northern District of Illinois United State Attorney, Patrick J. Fitzgerald, with government funds theft. Mr. Watts was an 18-year police veteran and Mr. Mohammed was with the Chicago PD for 14 years. Their arrest was due to unseal complaints of police criminal misconduct by two whistleblower officers, Shannon Spalding and Daniel Echeverria , followed by a thorough investigation of, special of the Chicago Office of the Federal Bureau of Investigation, Robert D. Grant and the police department’s Internal Affairs Division.
Northwest Land Ordinance
272 Words | 2 PagesIn the origins of the civil war the United Sates was going through social, economic, and territorial changes. The US population was growing exponentially due to its increase of immigration which forced them to move westwards. The northwest territory was the first land created outside of the original states it was also north and west of the Ohio river. In the year 1787 Congress passed a law called the Northwest Land Ordinance which provided a method for the United States to admit new territories and equal representation to the north and the south based on population where every state will send representatives to congress which made the north and south add more states to each of their sides so they could have more representatives on congress
Case Study: Burwell V. Hobby
1454 Words | 6 PagesBusiness Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Palmer V. Ferguson Case Brief
667 Words | 3 PagesIn Palmer v. Thompson, 391 F.2d 324 (5th Cir. Miss. 1967), twelve Black American citizens living in Jackson, Mississippi, filed a suit on behalf of themselves and fellow Black American citizens seeking an injunction against the Mayor and Commissioners of Jackson, its Police Chief, and its Director of Recreation, alleging discriminatory conduct in the operation of the city’s swimming pools and jails. In 1963 the “City of Jackson closed all swimming pools which it owned and operated. From that time forward “no municipal swimming facilities were opened to any citizen of either race. And the city acknowledged that it did not intend to reopen or operate any of the swimming facilities on an integrated basis. The city contended that the racial integration of the pools would endanger personal safety of all citizens and would pose a problem for officials to maintain law and order.
District Of Columbia V. Miller Case Summary
624 Words | 3 PagesIn my first case, I will analyze the Court’s decision in District of Columbia v. Heller. In this case, in a 5-4 decision, the Court overrules its decision in United States v. Miller, in which, it stated that the Second Amendment only protects the right to keep and bear arms in relation with service in a well-regulated, government sponsored militia. In the majority opinion of Heller, Scalia divides the Second Amendment into two parts: the prefatory clause and the operative clause. The prefatory clause is the first half of the Second Amendment, it reads: “A well-regulated Militia, being necessary to the security of a free State,” while the operative clause is the second half of the Amendment: “the right of the people to keep and bear Arms, shall
Texas Vs. Johnson Majority Opinion By Barbara Jordan And Jim Wright
813 Words | 4 PagesSarah Dessen used to say that “Accepting all the good and bad about someone is a great thing to aspire to. The hard part is actually doing it. (Dessen, 2013)” Similarly, Barbara Jordan, a leader of the Civil Rights Movement, said “We, as human beings, must be willing to accept people who are different from ourselves. (Jordan, 2016, 45)”
Acton V. Vernonia School District Case Study
1176 Words | 5 PagesHave you ever took a drug test and felt like you had to give up your privacy as a citizen? James Acton did in the court case " Acton v. Vernonia School District". After reviewing the case I 've come to the decision to agree with the school district and believe that the government interest in keeping the students safe from drug use weighs more than this seventh graders privacy. “It has been 35 years since Ronald Reagan’s first inaugural speech as President — the one in which he said, “In this present crisis, government is not the solution to our problem; government is the problem.”” (http://centeroncongress.org/) When presidant Reagan said this, not only do I agree with this but i also believe this is why there is limited government.
Mcclesky V. Kemp Case
914 Words | 4 PagesIn McClesky v. Kemp the Supreme Court held that a study showing the death penalty in Georgia was imposed on black defendants disproportionately to white defendants failed to establish that any of the decision makers involved in the process acted with a discriminatory purpose. McClesky is a notable case in several respects. First, it highlighted the integrated nature of the criminal justice system and how each component functions to reach a certain result. Second, it emphasized the debate on which actors in the justice system have the most power and what role that power plays in reaching the result. Third, the case also underscored the importance on prosecutors keeping records of their decisions at varying stages of the criminal justice process.
Bethel School District V. Fraser Case Study
611 Words | 3 PagesBethel School District will introduce a last recourse before the United States Supreme Court and have the Supreme Court justices delivered a controversial opinion about the exercise of the freedom of expression within American schools. Mainly, as noted before, the Bethel School District v Fraser case was related the right of freedom of expression as guaranteed by the First Amendment to the US Constitution, in its exercise and its limitation within the school boundaries. On July 1986, by a majority vote of 7 against 2, the United States Supreme Court delivered a determinant opinion that will put a limitation on the exercise of the freedom of speech at school. In that opinion, Chief Justice Warren Burger set up a new rule opening the door for a legal limitation of the freedom of speech at school.
Common Pleas: Court Case Study
553 Words | 3 PagesMILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
Supreme Court Case Essay
537 Words | 3 Pages“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
Ronald Dworkin's Views On Judicial Discretion
819 Words | 4 PagesCounter-Position to my argument The question at hand is whether judges can exercise discretion when deciding cases. Different theories arrive at different conclusions. Legal positivists, such as H. L. A. Hart, claim that in difficult cases judges do exercise discretion. An alternative theory of law offered by Ronald Dworkin contains some aspects of positivism.
State V. Simmons Case
2380 Words | 10 PagesDuring the fall of 1993, Shirley Crook’s, a loving mother and wife, life was horribly cut short in one of the most horrific ways possible, drowning. Seventeen year old, Christopher Simmons, wrapped his victim in duct tape and electrical cords and drowned her in a river with help from his accomplices John Tessmer and Christopher Benjamin. He attempted to burglarize the Crooks residence along with his accomplices, and he only murdered Mrs. Crooks because ‘the bitch seen my face’ (State v. Simmons). He “assured his friends that their status as juveniles would allow them to ‘get away with it.’... Brian Moomey, a 29-year-old convicted felon who allowed neighborhood teens to "hang out" at his home.
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